beta
(영문) 부산고등법원 2015.11.11 2015나946

대여금

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. Determination as to loan claims

A. The plaintiffs' assertion 1) from January 5, 2005 to June 19, 201, A lent a total of KRW 305,596,500 to C over several times. From June 19, 201, C repaid only a total of KRW 148,394,438 with cash and payment, etc. From June 19, 201 to June 19, 201. According to the legal principles of appropriation of performance, C appropriated the above repayment amount as of June 19, 208,746,871 ( principal and interest of KRW 302,258,849,829) to the defendant, who is a spouse's right of public interest and interest on the property of the husband and wife, are jointly and severally liable to pay the principal and interest on the property of the husband and wife under the ordinary social norms, and the defendant was jointly and severally liable to pay the remaining amount of interest on the property of the husband and wife under the Civil Act.

참조조문